Peck v. Hotchkiss

As a principal ground of the plaintiff’s cause of action, it is averred, in the complaint, that the action in which the attachment was issued, under which the plaintiff’s property was seized, was dismissed in the court out of which the attachment issued, with costs, and that judgment was rendered in favor of this plaintiff, who was the defendant in the attachment suit.

The defendants, however, in their answer to the complaint herein, while they admit that such judgment of dismissal was rendered in the attachment suit, allege that they have, within the period prescribed by law, duly appealed…